DIE Sabbati, 29 die Martii.
PRAYERS, by Mr. Rayner.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Answers from the H. C.
Sir Edward Leech and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons:
That they will take the Ordinance of additional
Power to be given to Sir Tho. Fairefaxe, with the Additions and Alterations, and likewise the Letter from
the Parliament of Scotland, [ (fn. *) into Consideration], and
will send an Answer by Messengers of their own.
Mr. Serjeant Whitfield and Mr. Page return with this
Answer from the House of Commons:
That they agree to the Alterations in the Ordinance
concerning the securing of Fourscore Thousand Pounds,
lent by the City of London.
Ordinance for the Militia of London to press Men.
Next, was read the Ordinance to authorize the Militia of London to put the Ordinance of 27 Feb. 1644,
for impresting of Men, into Execution.
(Here enter it.)
Ordinance to secure the North Sea Fishery.
Next, an Ordinance (fn. †) for securing the North Sea Fishing was read, and Agreed to.
(Here enter it.)
Ordinance to swear People from the King's Quarters.
Next, the Ordinance for an Oath to be given to those
Persons that come out of the King's Quarters was
Gatward, E. of Denbigh's Servant, arrested.
(fn. ‡) The Petition of Michaell Gatward, Servant to
the Earl of Denbigh, was read; and upon reading
an Affidavit of Angelo Stoner, complaining, "That
the said Gatward was lately arrested, by one Edmond Gunsmith and another with him, as Marshal's
Men, though the Protection of the Earl of Denbigh
was shewed to them before he was arrested; yet, in
Contempt of the said Protection, they arrested him,
and carried him to the Prison of the Marshal's
Delinquents sent for.
Hereupon it is Ordered, That the said Michaell
Gatward shall be presently released from his Imprisonment, and be allowed the Privilege of Parliament, as a
Servant of the Earl of Denbigh; that the Bailiffs that
arrested him, and the Person at whose Suit he was arrested, shall be attached as Delinquents, and brought
before this House, to answer the same.
Message from the H. C. for a Conference about Sir T. Fairfax's Ordinance;
A Message was brought from the House of Commons, by Sir Rob't Pye Knight, &c.
To desire their Lordships would please to give a present Conference, concerning the Ordinance touching Sir
and with Two for Concurrence.
2. To desire Concurrence in an Ordinance for One
Thousand Pounds to be paid to Sir Gilb't Gherrard, for
the Garrison of Reddinge. (Here enter it.)
3. An Ordinance for cutting Wood, for the fortifying of Christ Church, in Hampshire.
To be considered of on Monday Morning.
The Answer returned was:
That this House will give a present Conference, as is
desired, in the Painted Chamber: To the Order for
paying One Thousand (fn. *) Pounds to the Garrison of
Reading, they do agree to; and concerning the Ordinance for cutting Woods for the fortifying of Christ
Church, they will send an Answer by Messengers of their
E. of Cleveland not to be exchanged without the Directions of this House.
The Lord General acquainted this House, "That
the House of Commons sent to his Lordship, to let
him know, that they do approve of the Exchange
of the Earl of Cleveland for Colonel Stevens and
Colonel Jones, if this House approves of it; but, in
regard he was a Peer, they thought it not fit to make
a positive Order in it, without acquainting this House
And the House directed the Lord General to return
this Answer, That this House conceives the Earl of
Cleaveland to be so considerable a Man in the King's
Army, as they think it not fit to change him for these
And this House signified their Pleasure to the Lord
General, that the Earl of Cleveland be not exchanged
without further Directions from this House.
Captain Hobart's Protection not allowed.
Upon hearing the Counsel of Captain Hubert, who,
by Order of this House, formerly was ordered to be released from his Imprisonment at Norwich; and upon
hearing also the Counsel of Mr. Barrell, Sheriff of
Norwich, by whose Counsel it was alledged, "That
Captain Hubert is not in actual Service of the Parliament; and many Actions are laid upon him, to the
Value of Three Thousand Pounds; and that he took
his Commission but to protect him from paying his
just Debts, because he entered his Protection in the
And (fn. †) upon a Debate of all the whole Business, it was Resolved upon the Question, That (fn. *) the
Protection to Captain Hubert, as the Case stands opened
by the Counsel at the Bar, shall not be extended.
Col. Stepkin freed from an Arrest.
Upon reading the Petition of Peter Stepkin, Colonel;
shewing, "That he being served, Two Months since,
with a Warrant from this House, to be a Witness for
the Earl of Denbighe's Business, and he coming to
London, was arrested."
It is Ordered, That in regard the said Colonel Stepkin
in in actual Employment in the Parliament's Service,
(fn. *) he shall be released from his Imprisonment concerning
this Business, (fn. ‡) if within Six Days just Cause be not
shewed to this House to the contrary.
Report of the Conference on the Ordinance for Sir T. Fairfax to command the Army.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
And the Speaker reported the Effect of the Conference with the House of Commons: "That they had
received from their Lordships the Ordinance of additional Power to be given to Sir Tho. Fairefaxe, with
One Addition, and Two Alterations. They said,
the House of Commons looked upon it as an Unhappiness, that such a Business as this Tenderness
should be in Difference between the Two Houses.
"To the First Alteration, concerning the Lord Lieutenants, the House of Commons Agrees to it.
"To the Second Alteration, concerning the Word
["adjacent"], it is a Word of a doubtful Signification, to him that commands, and to those that are
commanded; and it may occasion Disputes; therefore they desire the Word ["adjacent"] and the
Limitation may be left out, in the whole Clause.
"As concerning the Addition concerning (fn. *) the
King's Person, &c. the House of Commons conceive
that this Addition will dishearten our Soldiers; and
it will encourage the King to adventure His own
Person to come in the Head of His Army into Danger, which otherwise it may be He would not; also
it will make the Soldiers be Judge whether the King
defends Religion or not.
"The House of Commons desires their Lordships Expedition in this Business, which so much concerns
the Safety of the Kingdom."
Debate upon the Report.
And the House took into Consideration the Addition
concerning the King's Person, &c. And, after Debate,
this Question was put, "Whether this House will adhere to this additional Clause as it was sent down to
the House of Commons?"
Clause concerning the King's Person.
And the Votes were Ten "Contents," and Nine
Not Contents;" and the Lord Viscount Say &
Seale tendered the Proxy of the Earl of Mulgrave; and
so the Votes were equal.
Clause concerning Forts and Garrisons.
Next, was debated the Clause concerning the Forts
and Garrisons; and this Question was put, "Whether
to adhere to this Clause concerning the Forts, as it
was sent down from hence to the House of Commons?"
And it was Resolved in the Affirmative.
Protest against it.
These Lords following (fn. †) have Leave to enter their
Dissents to this Question; they desiring it before the
putting of the Question: (Here enter the Dissent.)
|L. Viscount Say & Seale.
Ordered, That the aforesaid Lords have Leave to enter their Dissents to the Question concerning the Addition touching the whole additional Clause, when it
shall be carried against their Votes.
Committee to draw up Reasons for adhering to this Clause.
Ordered, That these Lords following are to draw up
Reasons, to be offered to the House of Commons, at a
Conference, concerning adhering to the Alterations in
the Clause concerning the Forts and Garrisons:
Any Five, to meet when they please.
Protest against the Clause, concerning Guards and Garrisons.
"These Lords whose Names are subscribed, having
demanded their Right of entering their Dissent before
the putting the Question, do enter the same accordingly.
"And their Lordships being satisfied with the Reasons of the House of Commons at the Conference
this Day, why the Alteration made by the House of
Peers, in that Clause concerning the Command of
Forts and Garrisons, in the Ordinance, intituled, "An
Ordinance for additional Powers to Sir Thomas Fairefaxe," should not stand; and being in an extraordinary Manner sensible of the great Prejudice and
Hazard it may be to the Safety of the Parliament and
Kingdom, if, by the insisting upon the said Alteration,
there be any Delay in the passing of the said Ordinance; to clear themselves of any Inconvenience
which may hereby happen in a Business of so great
Concernment, have entered their Dissent as aforesaid.
"Pembroke & Mont.
"W. Say & Seale.
Ordinance to authorize the Committee of the Militia in London to impress Men.
"Be it Ordained, by the Lords and Commons in
Parliament assembled, That the Committee of the
Militia of the City of London, and the several Subcommittees of the Militia within the Line of Communication and the Parishes mentioned within the
Weekly Bills of Mortality, shall, by virtue of this
present Ordinance, respectively have Power, and are
hereby authorized, to put in Execution, within the
said City and the several Limits aforesaid, an Ordidinance bearing Date the 27th of February, 1644, for
the speedy raising and impresting of Men, for the
recruiting of the Forces under the Command of Sir
Ordinance to secure the North Sea Fishery.
"For the better securing of the Island and North
Sea Fishing, and conveying of Vessels from Port to
Port between London and the River of Humber: It is
Ordered, by the Lords and Commons assembled in
Parliament, That Five Ships, or more, of convenient
Strength, be with all Speed provided with Men and
Victuals for Six Months, the said Ships not employing above the Number of Three Hundred Men,
which are intended to be above the Number of Shipping appointed for the Summer's Fleet; the Charge
of the Victualing Part to be born by the State, and
paid out of the Monies appointed for the Use of the
Navy: And for Freight and Mens Wages, it is Ordered, That the same shall be paid out of Fifteen
Hundred Pounds, to be raised out of the Estate of
Mr. Charles Walgrave, a Popish Recusant; and the
Residue of the Charge to be paid in such Manner as
shall be hereafter directed by the House of Commons; and the Committee of the Navy, upon Conference with my Lord Admiral, are to take Care for
the putting of this Ordinance in Execution."
House adjourned till 9a, Monday Morning next.